Land Law

The Transfer of Property Act (s 105) defines lease as a shift or transfer of enjoyment right of an immovable property by a single individual called the lessor to another individual referred to as the lessee, prepared for a definite or distinct term, implied or expressed, or in…

Introduction

The lease agreement is considered in essence a contract between the tenant and the landlord and thus must satisfy the contract law principles.
License on the other hand implies a situation where an individual gives to another individual or to an explicit number of individuals, a right to undertake or continue undertaking in or upon the static or immovable property of the provider/granter, something that would otherwise be regarded as unlawful in the nonexistence of such a right. It is simply a permission granted or given to a licensee to undertake something on the land of the owner, which could be inclusive of the permission to occupy. The main difference between a lease and a license is that a license does not grant a proprietary right and thus is revocable, while a lease does grant a proprietary right and thus non-revocable. 1It is vital to note that a lease or a licence can came up without having any written document, and in the case where no document is available that sets the parties intentions, it may be hard to determine whether the contract was a licence or a lease. In the case entitled Street v Mountford of the year [1985], the House of Lords held that a tenancy or a lease would come up where the intention to create a legal relation exists, exclusive possession, and a periodic or fixed term at a rent is present.
Undue influence is present where a particular contract has been entered because of pressure, which falls short of amounting or generating duress, the party subject to the force may have a basis of action in justice to have the agreement reserved on the reasons of undue influence. Undue influence is regarded as a broad equitable doctrine that seeks to relieve an individual from domination or oppression consequences (actual undue influence), or the abuse of confidence or trust (presumed undue influence), which are categorized into two. The first one is a recognized relationship providing an undue influence presupposition (e.g. child ...

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The laws that relate to land cover the divergent aspects or dimensions of land so that peoples’ right to possess, alienate and use land are upheld. In fact, land laws also provide land owners with the rights and powers to exclude others from their land. Among the important categories of land laws are those that cover land use and ownership agreements/processes such as land leasing and renting.…

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The most common form is when a neighbor builds an establishment that crosses onto another person’s land although most severe scenarios the neighbor treats someone else land as if it were their own. In our case, Thomas built the garage before Edward bought the land but even then, Thomas was still encroaching on the council’s land even though they did not feel like taking any action against him.…

For explaining this statement in relation to land law of the UK, actual occupation, Williams & Glyn's Bank v Boland (1981), City of London Building Society v Flegg (1988), Land Registration Act 2002 Schedule 3, Para 2, LRA 1925 s.70, Lloyd's Bank v Rosset (1991), Stack v Dowden (2007) and Jones v Kernott (2012), all will be employed in detail. In accordance with the law of land of the United…

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